Portola Municipal Code Ch. 17.70 Accessory Dwelling Units

Footnotes:

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Editor's note— Ord. No. 352, § 1, adopted Nov. 28, 2018, amended Ch. 17.70 in its entirety to read as herein set out. Former Ch. 17.70, §§ 17.70.010—17.70.040 was entitled "Second Dwelling Units," and derived from Ord. 289 § 2 (Exh. A (part)), 2002.

This chapter provides criteria for the approval of accessory dwelling units. This chapter is adopted pursuant to the authority of Government Code Section 65852.2.

(Ord. No. 352, § 1, 11-28-2018)

An accessory dwelling unit shall be as defined by Government Code Section 65852.2 and shall mean an attached or detached residential dwelling unit that is accessory to an existing legally established primary single-family residential dwelling, which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation. It also includes an efficiency unit and a manufactured home as defined in the Health and Safety Code.

(Ord. No. 352, § 1, 11-28-2018)

One accessory dwelling unit may be either attached to, detached from, or within the primary dwelling unit. Accessory dwelling units shall be allowed only in compliance with the following standards:

A. Minimum Lot Area. Five thousand square feet.

B. Maximum Coverage. The maximum combined building coverage of both units shall not exceed forty-five percent.

C. Setbacks. An accessory dwelling unit shall maintain all required setbacks for the zoning district in which it is located. In addition, a minimum of ten feet shall be maintained between the primary dwelling and a detached second unit.

D. Floor Area. Total floor area shall not exceed either: i) fifty percent of the floor area of the primary dwelling, excluding garages, or ii) one thousand two hundred square feet.

E. Minimum Facilities. The accessory dwelling unit shall include permanent provisions for independent living, sleeping, eating, cooking and sanitation within the unit.

F. Appearance. The unit shall be designed and constructed so as to be compatible with the existing neighborhood in terms of height, form, and materials and the unit shall be subordinate to the primary residence.

G. Parking Requirement. Parking required by this section is in addition to that required for the primary residence on the site by Chapter 17.40. Each one bedroom or studio second unit shall provide at least one off-street parking space. The parking requirement can be met by providing one required parking space within the twenty-foot front yard setback.

I. Accessory Dwelling Unit With Nonconforming Primary Structure. An accessory dwelling unit is permitted when the primary structure is nonconforming, provided that the accessory dwelling unit does not increase the nonconformity.

J. Use Limitations. The accessory dwelling unit shall not be sold separately from the principal dwelling unit and may be rented separately from the principal dwelling unit. Accessory dwelling units must comply with all provisions of this section as well as the underlying zoning district. State law does not prohibit homeowner's associations abilities to regulate accessory dwelling units and does not override covenants, conditions, and restrictions (CC&Rs).

(Ord. No. 352, § 1, 11-28-2018)